Rules On The Fault Assessment Claim In British Columbia

Rule number 1 deals with claims for a victim’s medical costs. In British Columbia, fault does not affect coverage for medical costs. All of the Province’s drivers carry accident benefactor coverage. Hence, any covered accident victim can get up to $150,000.00 for medical and rehabilitation costs.

The payment guaranteed by the benefactor coverage goes to all accident victims, even those that have been declared at fault. Still, that does not mean that the liable driver does not have to pay a price for his or her negligence.

How does a liable driver pay for any negligent behavior?

A driver that has been deemed fully at fault for a collision must pay all of the deductible. The size of the deductible reflects the amount of damage to each of the involved vehicles. A driver that is partially at fault must pay the proportionate amount of the deductible.

If the fault has not been determined, the charge of liability gets split between all the involved motorists. Typically, it is a 50/50 split, because only two motorists have caused their respective vehicles to collide. Any driver that has been found more than 25% liable for a given accident can expect to be paying a higher premium.

How does liability (fault) get determined?

In British Columbia, ICBC’s claim adjuster studies both the police record and statements from witnesses. After studying that information, the same adjuster also examines case precedents. Only after taking a good look at such information, does the claim adjuster decide who should be declared at-fault.

Can a policy holder contest the adjuster’s decision?

The affected policy holder can ask for a review of fault. Such a request can be made in one of 2 different ways with the help of accident lawyer in Kelowna.

Some policy holders choose to seek a claims assessment review; others file an appeal through the court system. Whenever such an appeal has been filed, the court will study the available evidence. The policy holder has a chance to introduce new evidence. Regardless of the adjuster’s original decision, or of the ruling, following either a review or an appeal, any injured driver or passenger gets up to $150,000.00 for medical and rehabilitation costs.

Does the innocent driver enjoy any other benefits?

Yes, an injured accident victim does have the right to sue for pain and suffering. Understand, though, that there may be a cap on the amount of money rewarded for pain and suffering. That cap reflects the government’s ability to put a limit on the amount awarded, in certain instances. Specifically, the government will impose a cap, if the victim has sustained only minor injuries. ICBC determines which injuries get classed as minor, and which ones do not.